Russian business law: the essentials. Отсутствует

entials

      Edited by Evgeny Gubin and Alexander Molotnikov

      Lomonosov Moscow State University Faculty of Law Business Law Department

      Editors – Evgeny Gubin and Alexander Molotnikov

      Cover Design – Anna Susanyan

      Copyright © 2016 by ANO Startup

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      "This work clearly explains the sources of business law in Russia and the way in which the law supports entrepreneurial activity. It will be an important tool of understanding for Western scholars and testimony to the importance given to the law as a mode of business regulation in contemporary Russia."

Professor Simon F. DeakinUniversity of Cambridge Faculty of Law

      "This book fills a gap in the English language literature on Russian business law. It provides an important starting point for comparative corporate law scholars and corporate lawyers by making the foundational rules on Russian business law easily accessible in English. Hopefully, this book will inspire more comparative legal research on Russian Business Law in the future."

Dr. Dan W. PuchniakAssociate Professor of Law, National University of Singapore (NUS) Director of Corporate Law, NUS Centre for Law & Business

      "This book demonstrates to the world the business law of Russia and may promote economic and commercial engagement between Russia and other countries. Meanwhile, the book has great significance to the international trade and investment, and economic globalization. Therefore, we really look forward to the publication of this book."

Professor Ciyun ZhuTsinghua University School of Law

      "The chapter on "Business Litigation" includes a useful section on the Russian judicial system, including the jurisdiction and functions of the Arbitration Courts. The chapter also looks into the arbitral tribunal system (which is not the same as the Arbitration Courts) in the Russian Federation. The chapter on "Contracts" can function as a convenient starting point for anyone seeking a comprehensive summary of the law relating to commercial and other contracts. I especially benefitted from the section on sale of goods contracts in the Russian Federation."

Professor Anselmo ReyesUniversity of Hong Kong Faculty of Law

      Acknowledgements

      We would like to express our deepest appreciation to the Lomonosov Moscow State University Faculty of Law, especially to Dean Alexander K. Golichenkov, Deputy Dean Vladimir Stepanov-Egiyants and to all professors of the Business Law Department for their help and support during the preparation of this book.

      We are grateful to Professor Stephen Sammut for preparing a great foreword to our book and to Dr. Dan W. Puchniak, Professor Ciyun Zhu, Professor Anselmo Reyes, Professor Simon F. Deakin for their endorsements.

      We also greatly appreciate the support, input and inspiration to our book provided by:

      Zhang Shouwen, Dean of the Peking University Law School

      Michael Hor, Dean of the University of Hong Kong Faculty of Law

      Simon Chesterman, Dean of the National University of Singapore Faculty of Law

      Brian R. Cheffins, Professor of Corporate Law, University of Cambridge Faculty of Law, Professors of the Center for Transnational Legal Studies (London)

      Nikolai I. Mikhailov, Deputy Director of the State and Law Institute of the Russian Science Academy

      Dmitry Yu. Guzhelya, Deputy Head of the Russian Federal Agency for CIS Affairs, Compatriots Living Abroad and International Humanitarian Cooperation

      Alexey R. Khokhlov, Deputy Principal for innovation policy management and international academic cooperation at the Lomonosov Moscow State University

      

We are grateful to Russia-China Law Society (RCLS) and members of its Executive Board for their support and their interest in developing Russian relationship in law with legal scientist of world.

      www.rc-law.ru

      WeChat ID: RUS-CN-LAW

      

We are thankful to UKey Consulting Company and, especially to its managing partner Nadezhda Pronina, for providing financial support and sharing their expertise during the book edition.

      

We are thankful to CILICIA CAPITAL team for their invaluable help in reviewing the chapters of this book and sharing their experience and expertise.

      

We also thank ELL PARTNERSHIP Law Firm and, especially to its managing partner Taron Simonyan for their help in translation of chapters, originally written in Russian.

      

We are also grateful to EMPP Russian Law Firm and, especially to its partner Sergei Egorov, for their continued collaboration and its support of the initiatives the Business Law Department of the Lomonosov Moscow State University Faculty of Law.

      We are thankful to Nickolas Grecco for reviewing the text in English language.

      Finally, we are very grateful to the students of the Lomonosov Moscow State University Faculty of Law and, especially to Nikita Pyasetskiy, for their help in materials processing for this book and its editing.

      Glossary

      Foreword

      We’ve not had the pleasure of meeting in person, but Professors Evgeny Gubin and Alexander Molotnikov have done me a great service in assembling this thorough and readable text along with Levon Garslian, my former student at the University of Pennsylvania, who excellently managed all the book edition process and co-authored its introduction. As a teacher of “Private Equity in Emerging Markets” at the Wharton School of the University of Pennsylvania and a vocal advocate for global entrepreneurship and private sector approaches to economic development, I am often asked the question when promoting activity in a given country, “What about the rule of law?” As it relates to many countries, it is a fair question. In the case of Russia it is not. On the surface, it might seem an appropriate question but it originates from a cascade of misinformation and misunderstanding about the Russian system and an ignorance of the vast progress that has been made since the Russian Federation was established just a quarter-century ago. Every question, of course, is a statement. The Russian rule of law question is indicative of a reluctance to invest within Russia or collaborate with a Russian company. This reticence is born not of experience, but from past echoes of geopolitical tensions and misguided assumptions about how Russia administers business law and adjudicates legal conflicts between parties, perhaps reinforced by prevailing international concerns. This book provides any individual or company with the insights necessary to do business in Russia on a foundation of knowledge and with confidence that a sophisticated system of commercial justice will apply.

      The book is rich in examples that support my enthusiasm. For example, the overview of business legislation chapter successfully guides the reader through how Russia’s Continental legal tradition is driven by statutes and how these statutes are assembled as a hierarchy reflecting the principles of law at the federal level and, then, the regional level. The authors describe the system for originating, testing and promulgating law in a way that suggests society-wide consideration of the principles and their application. Enlightening to me is the discussion of the Constitutional basis for the oversight, and essentially promotion, of entrepreneurship. Few countries originate sets of laws out of specific consideration of the need to drive entrepreneurial activity by providing a set of statutes to serve as a guide on the one hand, and a set of assurances on the other. In fact, Russian law assembles in definable provisions a suite of identifiable statutes addressing a vast array of circumstances and possibilities.

      It